Registering people of a particular ethnic origin is one means of reaching a specific section of the population. However, registering ethnicity gives rise to the possibility of excluding individuals on the basis of their ethnic background. For this reason the Dutch Data Protection Act (Wet Bescherming Persoonsgegevens or Wbp) imposes strict conditions on the registration of 'special data', including ethnicity. This report examines the way in which the aim of the ethnic marketing organization can be achieved while keeping any risk of exclusion to a minimum.
The more specifically a target group is approached, the greater the chance will be that special data are at stake. In cases when the marketing organization feels that a particular data file is of interest for approaching a population group with a specific socio-cultural background, this data file is likely to be subject to the strict conditions of the Personal Data Protection Act. In case of doubt, the marketing organization must presume that it is dealing with special data.
The central message of this report is that ethnic marketing is permitted as long as it is used carefully. In most cases, the data subjects must give explicit permission. This prevents a situation where people are judged according to their ethnic background without their knowing.